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Subject: Development of Creative Commons licenses

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  • From: "Benj. Mako Hill" <mako AT>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT>
  • Subject: Re: [cc-licenses] ParaDist Questions
  • Date: Wed, 29 Nov 2006 14:06:56 -0500

<quote who="Mike Linksvayer" date="Wed, Nov 29, 2006 at 10:32:18AM -0800">
> On Wed, 2006-11-29 at 12:43 -0500, Benj. Mako Hill wrote:
> > Let's say that there is a popular piece music under a permissive
> > CC license. Now let suppose that a manufacturer of electronic
> > greeting cards and small musical snow-globes wants to use that
> > piece of music as part of their cards and music boxes. Neither
> > devices have the ability to modify the music or even to copy it
> > off.
> >
> > First, is this a violation of the current anti-TPM language? It seems to
> > me that it probably is. If you think that is not, I'd love to hear why
> > you think that technical restriction is fundamentally different between
> > a greeting card and DRM. The key difference seems to be intentionality,
> > but the license doesn't talk about that and probably shouldn't.
> I doubt an artifact that doesn't actively facilitate digital copying
> would be considered to have TPM. If that was the case a photo on paper,
> or text on paper, would be TPM.
> This is important because DMCA and its ilk only makes circumventing TPM
> illegal, not making any analog copies. So there is no reason for a
> license to care about this case.
> No?

The language in the current draft says:

When You distribute, publicly display, publicly perform, or publicly
digitally perform the Work, You may not impose any technological
measures on the Work that restrict the ability of a recipient of the
Work from You to exercise the right granted to them under the

Your argument seems to be that this is only really in effect if you
cannot legally work around it without the possibility of a DMCA

The argument that Greg London, Terry et al. have been taking is a
deeper on about parity in access to the technology to run their own
derivatives on the platforms for which any version was distributed.

Unless I'm missing something.


Benjamin Mako Hill
mako AT

Creativity can be a social contribution, but only in so
far as society is free to use the results. --RMS

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